Eileen Galvan, CSC Docket No. 2022-2851

Appellant's argumentEileen Galvan requests to file late applications for the promotional examinations for Family Service Specialist 1, Bilingual in Spanish and English, (PS8309K), Family Service Specialist 1 (PS8306K), Supervising Family Service Specialist 2, Bilingual in Spanish and English (PS8314K), and Supervising Family Service Specialist 2 (PS8313K). These appeals have been consolidated due to common issues presented.

BackgroundThe examinations at issue were announced with requirements that had to be met as of the April 21, 2022, closing date. Agency records indicate that 226 employees applied for (PS8309K), 1,029 employees applied for (PS8306K), 200 employees applied for (PS8314K) and 748 employees applied for (PS8313K). The tests have not yet been scheduled. Therefore, the lists have not yet promulgated.

In the petitioner’s requests, she presents that she had approved time off between April 18, 2022, and April 22, 2022, and she was planning on filing for the above examinations during this time. She indicates that she attempted to log into the Online Application System (OAS) on April 20, 2022. However, the petitioner states that she was unable to do so, and she sent an email to OAS support. Further, the petitioner presents that she emailed and called OAS support on April 21, 2022. However, due to support volume, she was advised that she would need to wait for an email response. The petitioner explains that she did receive an email that indicated that her OAS profile was linked to an old email address. Therefore, she asked if her profile could be updated with a current email address. However, she did not receive confirmation that her email address on her profile was updated until after the closing date deadline. The petitioner submits emails that verify her statements.

CONCLUSION

RuleN.J.A.C. 4A:4-2.6(a)4 states that applicants for promotional examinations must meet all requirements by the announced closing date, including filing an application on or before the application filing date. N.J.A.C. 4A:4-2.1(e) states that applications for open competitive and promotional examinations shall be submitted to the Civil Service Commission no later than 4:00 p.m. on the announced application filing date. N.J.A.C. 4A:4-6.3(b) provides that the appellant has the burden of proof in examination appeals.

AnalysisIn this matter, the record indicates that the petitioner attempted to submit her applications using the OAS prior to the deadline on the closing date, but was unable to do so because the email address used to create her profile was no longer the email address she was using for her profile. Further, the petitioner submits emails to demonstrate that she contacted OAS support prior to the closing date deadline, but the issue was unable to be resolved until after the deadline. The Commission notes that the dual purpose of the Civil Service system is to ensure efficient public service for State and local governments and to provide appointment and advancement opportunities to Civil Service employees based on their merit and abilities. These interests are best served when more, rather than fewer, individuals are presented with employment opportunities. See Communications Workers of America v. New Jersey Department of Personnel, 154 N.J. 121 (1998. Therefore, the Commission finds that there is good cause to relax N.J.A.C. 4A:4-2.1(e) and to allow the petitioner to submit her applications and application fees after the closing deadline.

ORDER

Therefore, it is ordered that these requests be granted, and the petitioner be permitted to submit applications for Family Service Specialist 1, Bilingual in Spanish and English, (PS8309K), Family Service Specialist 1 (PS8306K), Supervising Family Service Specialist 2, Bilingual in Spanish and English (PS8314K), and Supervising Family Service Specialist 2 (PS8313K). It is further ordered that the petitioner submit a promotional examination application for each examination and the $25 application processing fee, which totals $100 for the four examinations, to the Division of Agency Services. The applications and processing fees must be postmarked no later than 15 days from the issuance date of this decision. Upon receipt of the applications and processing fees, it is ordered that her applications be processed. If the petitioner’s applications and the required payment are not postmarked on or before the 15th day after the issuance date of this decision, she will not be entitled to have her applications reviewed.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.